Chicago, Memphis & Gulf Railroad v. Dodds

Opinion of the Court by

Judge Carroll

Affirming.

In 1910 S. L. Dodds conveyed to the appellant railroad company a right-of-way through his land. It was stipulated in the deed that the railroad company, as a part of the consideration, agreed to fence the right-of-way with “a good wire fence that will at all times turn all kinds of stock, such as hogs, cattle, horses, etc., and not using any barbed wire on top of said fence, and maintain same; ’ ’ and also stipulated that the company should “cut and maintain a consecutive open ditch along each side of the railroad track so as to drain off what…